Vocational Education and Training Funding Laws Amendment Act 1993

Legislation au C2004A04674 Not in force Act

Legislation content

Vocational Education and Training
Funding Laws Amendment
Act 1993

No. 119 of 1993

 

An Act to amend certain laws relating to vocational
education and training

[Assented to 24 December 1993]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Vocational Education and Training Funding Laws Amendment Act 1993.

Commencement

2.(1) This Act, except for Division 1 of Part 2, section 11 and Schedule 2, commences on the day on which it receives the Royal Assent.


(2) Subject to subsection (3), Division 1 of Part 2, section 11 and Schedule 2 commence on the day on which Part 3 of the Vocational Education and Training Funding Act 1992 commences or on the day on which this Act receives the Royal Assent, whichever is the later.

(3) If the commencement referred to in subsection (2) is not before 1 January 1994, Division 1 of Part 2, section 11 and Schedule 2 are repealed on that day.

 

PART 2—AMENDMENTS ALLOWING MINISTER TO WITHHOLD CERTAIN VOCATIONAL EDUCATION AND TRAINING FUNDING

Division 1—Amendment of the Vocational Education and Training
Funding Act 1992

Principal Act

3. In this Division, “Principal Act” means the Vocational Education and Training Funding Act 19921.

Interpretation

4. Section 8 of the Principal Act is amended by omitting the definition of “State”.

Funds for allocation by the Authority

5. Section 9 of the Principal Act is amended by omitting subsection (2).

Division 2—Amendment of the Australian National Training Authority Act 1992

Principal Act

6. In this Division, “Principal Act” means the Australian National Training Authority Act 19922.

Allocation of funds by the Authority

7. Section 13 of the Principal Act is amended by omitting from subsection (9) “section 14” and substituting “sections 14 and 14A”.

Payment of funds by the Authority

8. Section 14 of the Principal Act is amended by adding at the end the following subsection:

“(7) This section has effect subject to section 14A.”.


9. After section 14 of the Principal Act the following section is inserted:

Commonwealth Minister may restrict amount payable to a State

“14A.(1) This section applies in respect of the year 1994 and the year 1995.

“(2) Subject to subsections (3) and (4), the Minister may, by written notice given to the Authority before the start of a year, direct that the Authority must not allocate or pay any, or more than a specified amount, of the VET funding (including funds for expenditure on national projects or for expenditure of a capital nature) available for allocation by the Authority in respect of the year to a particular State.

“(3) The Minister may give a notice under subsection (2) only if, in the Minister’s opinion, the State has failed to comply with the Statement.

“(4) Before forming an opinion under subsection (3) the Minister must seek, and have regard to, any advice provided by the Authority.

“(5) The Minister must not amend or vary a notice given under subsection (2) so as to reduce an amount specified in the notice.

“(6) The Authority must comply with a direction in a notice given under subsection (2).”.

 

PART 3—AMENDMENTS RELATING TO CHANGES IN FUNDING LEVELS

Amendment of the States Grants (TAFE Assistance) Act 1989

10.  The States Grants (TAFE Assistance) Act 1989 is amended as set out in Schedule 1.

Amendment of the Vocational Education and Training Funding Act 1992

11. The Vocational Education and Training Funding Act 1992 is amended as set out in Schedule 2.


SCHEDULE 1 Section 10

AMENDMENT OF THE STATES GRANTS (TAFE ASSISTANCE)
ACT 1989

Paragraph 10(3) (e):

Omit “$423,289,000”, substitute “$420,582,000”.

Paragraph 10(3)(f):

Omit “$502,319,000”, substitute “$501,363,000”.

Paragraph 13(3)(d):

Omit “$207,506,000”, substitute “$218,378,000”.

Paragraph 13(3)(e):

Omit “$207,506,000”, substitute “$218,378,000”.

Paragraph 13(3)(f):

Omit “$207,506,000”, substitute “$218,378,000”.

SCHEDULE 2 Section 11

AMENDMENT OF THE VOCATIONAL EDUCATION AND
TRAINING FUNDING ACT 1992

Paragraph 9(1)(a):

Omit “$630,795,000”, substitute “$638,960,000”.

Paragraph 9(1)(b):

Omit “$709,825,000”, substitute “$719,741,000”.

NOTES

1. No. 152 of 1992, as amended.

2. No. 203 of 1992, as amended. For previous amendments see No. 4, 1993.

[Minister’s second reading speech made in—

House of Representatives on 29 September 1993

Senate on 26 October 1993]

Overview

The Vocational Education and Training Funding Laws Amendment Act 1993 was enacted by the Parliament of Australia to address funding issues in vocational education and training. This Act primarily focuses on amending existing legislation to allow the Minister for Employment, Education and Training to withhold certain funding allocations to states that do not comply with the Statement. This measure was introduced to ensure compliance with national policies and standards in vocational education and training. The Act also makes adjustments to funding levels under the States Grants (TAFE Assistance) Act 1989 and the Vocational Education and Training Funding Act 1992, reflecting changes in budget allocations for the respective years. The overarching policy objective is to maintain accountability and compliance in the distribution of vocational education and training funds across the states.

Scope and Application

The Vocational Education and Training Funding Laws Amendment Act 1993 amends existing legislation to facilitate changes in funding for vocational education and training (VET). It applies to the Vocational Education and Training Funding Act 1992 and the Australian National Training Authority Act 1992, primarily affecting the allocation and payment of VET funds by the Australian National Training Authority (ANTA). The Act allows the Commonwealth Minister to withhold certain VET funding from states that fail to comply with a specified Statement. This authority is limited to the years 1994 and 1995 and is exercised through written notices given to ANTA before the start of the relevant year. The Minister must consider advice from ANTA before issuing such a notice and cannot amend a notice to reduce the specified funding amount once issued. The Act also includes amendments to funding levels in the States Grants (TAFE Assistance) Act 1989 and the Vocational Education and Training Funding Act 1992, adjusting the amounts allocated for certain purposes.

Key Provisions

The Vocational Education and Training Funding Laws Amendment Act 1993 (C2004A04674) primarily amends two existing Acts: the Vocational Education and Training Funding Act 1992 (Principal Act) and the Australian National Training Authority Act 1992 (Principal Act). The key provisions of the Act are found in Division 1 of Part 2, which modifies the Principal Act to allow the Minister to withhold certain vocational education and training (VET) funding for the years 1994 and 1995 if a State has failed to comply with the Statement (sections 2-9). The Act also adjusts funding levels in the States Grants (TAFE Assistance) Act 1989 and the Vocational Education and Training Funding Act 1992 (sections 10-11). The Act imposes specific obligations on the Minister and the Authority. The Minister is empowered to direct the Authority to withhold funding to a particular State if the Minister believes the State has failed to comply with the Statement (section 2). This direction must be in writing and given before the start of the relevant financial year (section 2). The Minister must seek advice from the Authority before making this decision (section 3). Once a direction is given, the Minister cannot amend it to reduce the specified amount (section 2(5)). The Authority, on the other hand, is required to comply with any direction issued by the Minister under this Act (section 2(6)). Failure to comply with the Act’s provisions can result in significant consequences. The Act does not explicitly outline offences or penalties, but the withholding of funding could have serious ramifications for the affected States, potentially impacting their ability to deliver vocational education and training services. The financial impact of non-compliance is substantial, as the withholding of funds could disrupt the delivery of educational programs and services, affecting students, educators, and institutions reliant on that funding. The precise nature of any penalties or consequences would depend on the specific circumstances and the interpretations of relevant authorities.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Funding Allocation
Ministerial Direction

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.